Principle Statement

In a pure master and servant relationship (without statutory flavour), a dismissal of the employee by the employer cannot be declared null and void and of no effect whatsoever. The employee's exclusive remedy is in damages where the termination or dismissal is held to be wrongful.

Ratio Decidendi (Source)

Per Katsina-Alu, JSC, in Osisanya v. Afribank Nigeria Plc (2007) NLC-123-135-2001(SC) at p. 12; Paras B–C.

"In a master and servant relationship, a dismissal of the employee by the employer, cannot be declared null and void and of no effect whatsoever. The employee's remedy is in damages where the termination of the appointment or dismissal is held to be wrongful."
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Explanation / Scope

This principle distinguishes ordinary employment (governed purely by contract) from statutory employment (governed by statute). In ordinary employment, the employer’s power to dismiss is contractual; wrongful dismissal is a breach sounding in damages only. The court cannot order reinstatement or declare the dismissal a nullity because the employment relationship is founded on consent and mutual obligation, not statutory protection. The employee’s remedy is monetary compensation for the breach.

Cases Applying This Principle

Mr. Kunle Osisanya v. Afribank Nigeria Plc